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HomeMy WebLinkAbout1996-03-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Joe Gaugush, Acting Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Director of Community Development Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. DENNIS CHAPPELL, President of the Desert Contractors Association (DCA), 74-856 Joni Drive, Palm Desert, stated that he had delivered a packet of information to the Council yesterday relative to Section Four and keeping contracts local (on file and of record in the City Clerk's Office). He said the last bid they were aware of was for the pump station and only one bid was received. He said this was of concern to the DCA. MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega noted that the bid for the pump station was on the Redevelopment Agency Agenda and that staff was prepared to address the issue of how the project was bid. Mr. Chappel noted that he was not asking for justification but was instead trying to find a way that the notification process could be better. With Council concurrence, the City Council meeting was suspended until after discussion of the pump station bid on the Redevelopment Agency Agenda. Also with Council concurrence, Item C of Awards, Presentations, and Appointments was taken up at this time. Please see that portion of the Minutes for Council action. VI. CONSENT CALENDAR A. MINUTES. of the Regular City Council Meeting of February 22, 1996, and Special Joint Meeting of the Palm Desert City Council and Financing Authority of September 20, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 34A, 36, 37, 38, and 39. Rec: Approve as presented. C. RESOLUTION NO. 96-17 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (January 1996). Rec: Waive further reading and adopt. D. MINUTES of the Charitable Contributions/Outside Agency Committee Meeting of December 5, 1995. Rec: Receive and file. E. MINUTES of the Palm Desert Police Advisory Committee Meeting of January 10, 1996. Rec: Receive and file. F. MINUTES of the Promotion Committee Meeting of January 16, 1996. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. MINUTES of the Sister Cities Committee Meeting of January 22, 1996. Rec: Receive and file. H. MINUTES of the Investment & Finance Committee Meeting of February 6, 1996. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by William L. Mortz and Ronald Michael Peacock for , 44-250 Town Center Way C2, Palm Desert. Rec: Receive and file. J. LETTER from Cassandra G. Johnson, Cynthia J. Varsi, and Mrs. William T. Johnson dated February 29, 1996, Relative to Assessment District No. 84-1R. Rec: Receive and file. K. REQUU.ST FOR APPROVAL of Charitable Contributions/Outside Agency Committee Recommendations for Funding. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agency Committee recommendations for funding in accordance with the 1995/96 budget for the Desert Aids Project and authorize the Mayor to execute the agreement between the City and this same agency. L. REOUEST FOR APPROVAL of CMAQ/ISTEA PM10 Funding Program Local Street Paving Project - Delaware Street; Laticia Lane and Mountain View (Contract No. C109301. Rec: By Minute Motion, approve an engineering design proposal from Robert Bein, William Frost and Associates for the subject engineering street design in the amount of $46,312.00. M. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C10560 - Washington Street Widening Project (Project No. 669-95). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,817.82; 2) authorize the transfer of $3,261.35 from contingency to base; 3) authorize additional funds in the amount of $5,556.47 from Account No. 416-4353-433-4201. N. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C10560 - Washington Street Widening Project (Project No. 669-95). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. CONSIDERATION OF REOUEST from Coachella Valley Mountains Conservancy for Adoption of a Resolution in Support of Congressional Appropriation to the Bureau of Land Management (BLM) for Acquisition in the Santa Rosa Mountains National Scenic Area (SRMNSA). Rec: Waive further reading and adopt Resolution No. 96-19 in support of Congressional appropriation of land and water conservation funds to the BLM for acquisition of lands in the Santa Rosa Mountains National Scenic Area. P. REOUEST FOR APPROPRIATION for Payment of Art -In -Public -Places Fee for the Monterey Avenue Bridge. Rec: By Minute Motion, appropriate $25,000 from the Unobligated General Fund Reserve to Account No. 436-3650-454-4001. Upon motion by Spiegel, second by Crites, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. RESOLUTIONS A. RESOLUTION NO. 96-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 1 ON SALARY SCHEDULE, RANGES & ALLOCATED CLASSIFICATIONS ALONG WITH AMENDING ALL SECTIONS OF RESOLUTION NO. 95-41 WHICH ARE TITLED ASSISTANT CITY MANAGER/DIRECTOR OF COMMUNITY DEVELOPMENT. Mr. Diaz noted the report and recommendation in the packets. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-18. Motion was seconded by Kelly and carried by unanimous vote. VIII. ORDINANCES For Introduction: None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 793 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE PARKING OF COMMERCIAL VEHICLES. Mr. Diaz noted that there had been no changes to this ordinance since its introduction. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 793,. Motion was seconded by Benson and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REOUEST FOR APPROVAL OF THIRD ANNUAL PALM DESERT 5K USA MEN'S NATIONAL CHAMPIONSHIP AND GRAND PRIX CIRCUIT FINALE TO BE HELD ON DECEMBER 8, 1996. Mr. Diaz noted the report and staff recommendation in the packets. Councilmember Benson moved to, by Minute Motion, approve the request as recommended by the Promotion Committee: 1) Palm Desert 5K USA Men's National Championship and Grand Prix Circuit Finale, December 8, 1996 (Sponsorship Agreement - Contract No. C10940); 2) appropriation of $55,000.00 from the Unobligated General Fund Reserve Account to Community Promotions, Special Events Account No. 110-4416-414-3061). Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF APPEAL BY ROBERT H. RICCIARDI ON BEHALF OF DR. KENNETH A. HARRIS TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR PRELIMINARY APPROVAL OF REVISED PLANS FOR A MEDICAL/OFFICE BUILDING AT THE SOUTHWEST CORNER OF FRED WARING DRIVE AND SAN ANSELMO AVENUE (Robert A. Ricciardi, AIA, on behalf of Dr. Kenneth A. Harris, Appellant), Case No. PP94-4. Mr. Drell reviewed the staff report and proposed elevations, noting that the Planning Commission had approved the precise plan application in September, 1994. Revised plans were filed in February, 1996, and it was staffs understanding that the previously approved plans had some problems with interior space layout and that part of the exterior elevations were a problem to build. The revised layout pushed parts of the building closer to Fred Waring Drive and tended to flatten the building as it faced Fred Waring Drive where it expanded useable space inside. He noted that the elevations were changed significantly. The Architectural Review Commission reviewed the revised plans at its February 13, 1996, meeting and felt that three of the four elevations were acceptable. The Commission requested 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that the applicant work with the Fred Waring Drive elevations to create more architectural interest, undulation, and attempt to reduce the monumental nature of the building, especially where it faced Fred Waring Drive. He said the applicant indicated at that time that there was no room to adjust or further review the Fred Waring Drive elevation. Mr. Drell noted that the proposed front setback with the changes proposed no longer complied with the City's ordinance which provided that street front and side yards shall be a minimum of twelve feet with an average of fifteen feet. He noted that of the total 176 feet of building frontage, 112 feet had less than fifteen feet of setback. He said this information was not available to the Architectural Review Commission because staff had not had an opportunity to review the details of the revised plans. He added that the applicant had been given the option of a continuance to allow more discussion with the Architectural Review Commission or a denial so the matter could be appealed to the City Council, and the applicant chose the latter. MR. ROBERT RICCIARDI, Architect 75-090 St. Charles Place, Suite A, Palm Desert, stated that there was going to be more undulation for this building than for the one approved previously. He said this building was so far superior in design to that which had been previously approved. He added that there would be no problem in obtaining the fifteen foot average setbacks. He also showed photos to the Council of two buildings in Palm Springs which he had designed and which had won very fine AIA awards. He noted that the Planning a year and a half ago indicated it did not want buildings to look like boxes and encouraged the architect to have big strong overhangs, big vertical overhangs, and that's what was designed on this building. Councilmember Benson asked whether the buildings in the photographs had fifteen foot setbacks, and Mr. Ricciardi responded that they did. DR. KENNETH HARRIS, 73-280 Highway 111, Palm Desert, said he really did not need this type of building but felt there was a need in the community for a primary care facility. He said he currently had full occupancy of the building, including primary care physicians, an optometrist, and an orthodontist. He submitted a petition signed by his patients who were also registered voters in the City urging the Council to approve this building (on file and of record in the City Clerk's Office). Upon question by Councilman Kelly relative to setbacks, Mr. Drell stated that the applicant had addressed that issue and indicated the setbacks could be brought to a fifteen foot average. Councilman Spiegel said he felt from the photos shown to the Council that this would be a good looking building that would bring in a lot of doctors. He added that it would also take care of some of the transition that we need on Fred Waring Drive, and perhaps this would be a catalyst to get the rest of Fred Waring developed with office space. 6 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the request for preliminary approval of revised plans for a medical/office building at the southwest corner of Fred Waring Drive and San Anselmo Avenue, with 15-foot minimum setbacks. Motion was seconded by Kelly and carried by a 3-2 vote, with Councilman Crites and Mayor Snyder voting NO. C. REOUEST FOR CONSIDERATION OF APPROVAL OF FUNDING FOR MULTI - AGENCY LIBRARY OPENING AND OPERATIONS AND PALM DESERT COUNTRY CLUB OPERATIONS THROUGH JUNE 30, 1996. Mr. Diaz reviewed the staff report, noting that the amount requested was incorrect. He said $35,000 would enable us to open the Multi Agency Library and retain the present hours of operation for the Palm Desert Country Club branch. In order to maintain the Multi Agency Library for 48 hours per week, an additional $21,000 would be needed to carry us through June 30, 1996, for a total of $56,000. He noted that these funds would come from salary savings for Fiscal Year 1995/96. Mrs. Barbara Bowie addressed the Council and noted that they would be taking the same staff from the old 5,000 square foot Portola library (5.8 people per hour open) to a facility with over 20,000 square feet. She said they were requesting an additional 2.7 people per hour open, which would mean they would have 8.5 people per hour open, and this is what the additional money would cover. Mr. Diaz noted that the additional staff through the end of the fiscal year would be temporary. Mrs. Bowie added that when these additional people were hired, they would be advised that their employment would only be until June 30, 1996. Councilman Spiegel moved to, by Minute Motion, approve the requested $56,000. Motion was seconded by Crites who indicated he felt staff needed to go out and discuss with people about the Palm Desert Country Club branch and whether we can financially run an expanded library as well as one three miles away. He said he had a printout of books checked out at that facility and that he felt usage patterns were very low. Councilmember Benson expressed concern with hiring temporary employees for the opening and indicating that they will not be used after June 30, 1996. She said she would rather wait until after June 30th and say that we recognized that there is a shortage in personnel and then add them at that time. Councilman Kelly stated that with regard to the Palm Desert Country Club branch, this facility was there when the area was annexed into the City, and he felt the City needed to be very careful to get those citizens involved in any discussions about what to do in that area. Mrs. Bowie stated that we need to realize that the first month of operation will require intense work on the part of staff. If there is a shortage of staff at that time, they will never catch up. She said their staff was used to being hired on a temporary basis. She recommended using 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the services of AIM, a temporary organization just for libraries, and said this organization had outstanding personnel who would know that the job is temporary. Councilmember Benson stated she would be more in favor of using a temporary agency as a tideover because there is then no implication to staff that they will remain, and staff would not get dependent on those temporary employees. Mrs. Bowie noted that there were three employees at the new Cathedral City branch who were from the AIM program. Councilman Spiegel noted that when a new store is opened for the first time, it is overstaffed in order to make a person's first visit to that facility a pleasant one. He also stated that the City will know by the end of June what the traffic is like through the library. He agreed with Councilmember Benson relative to the use of a temporary agency. Upon question by Councilman Kelly relative to the volunteer program, Mrs. Bowie responded that there were 100 volunteers or more who were assisting in the packing and the move to the new library. In addition, they would be helping once the new facility is opened; however, each needs training and supervision and occasionally call in at the last minute unable to attend. Councilman Kelly stated that Eisenhower Hospital used many volunteers who were very dedicated and did not miss their schedule, and he said he hoped the library would be using as many people as possible who volunteer to help. Councilman Spiegel amended his motion to, by Minute Motion: 1) Appropriate $56,000.00 to enable the public library portion of the Multi -Agency Library to be open 48 hours per week through June 30, 1996, and to provide for the continuation of existing service hours for the Palm Desert Country Club Branch; 2) approve the recommendation by Librarian Barbara Bowie to use the services of AIM to provide temporary employees for the opening of the new Multi -Agency Library through June 30, 1996. Councilman Crites amended his second, and the motion carried by unanimous vote. D. REOUEST FOR APPROVAL OF MODIFIED PERFORMANCE EVALUATION POLICY FOR CITY COUNCIL APPOINTED POSITIONS. Mr. Wohlmuth reviewed the staff report, noting that staff recommended postponement of the evaluations until January, 1997, since several appointments had been made in late 1995. Councilman Kelly said he agreed with waiting until next year; however, he asked whether Council was going to do this without setting any objectives to determine what is being looked at. Mr. Wohlmuth responded that staff would prepare in January of 1997 a comprehensive program starting with listing goals and objectives and getting in the classification description, work assignments, etc. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly said he felt this was needed now; otherwise, the individuals in these positions would not know what was expected of them. Councilman Spiegel agreed and said he did not feel it needed to be formal at this time. Councilman Kelly suggested that each of the individuals list their objectives, and then Council can review and add to those lists if desired. Councilman Spiegel moved to, by Minute Motion: 1) Modify the performance evaluation policy for City Council appointed positions to include the Redevelopment Agency Executive Director and postpone the performance evaluations for the four appointed positions until January 1997; 2) direct staff to prepare a comprehensive program listing goals and objectives and including classification descriptions and work assignments so that the Council has something with which to evaluate these positions and the individuals in these positions know what is expected of them. Motion was seconded by Kelly and carried by unanimous vote. E. CONSIDERATION OF REOUEST FROM THE PALM DESERT VISITOR CENTER/CHAMBER OF COMMERCE FOR FUNDING FOR ADDITIONAL HOURS AND STAFF ON SATURDAYS AT THE CENTER. Mr. Diaz noted the report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion, appropriate $6,000 General Fund Reserve to Account No. 110-4416-414-3892. Motion was seconded by unanimous vote. F. REQUEST FOR CONSIDERATION OF ENDORSEMENT OF (O'CONNELL) RELATIVE TO LOCAL TAXATION. Mr. Diaz noted the report and recommendation in the packets. from the Unobligated by Benson and carried SENATE BILL 1590 Councilman Crites moved to, by Minute Motion: 1) Endorse Senate Bill 1590 (O'Connell) regarding local taxation and the Santa Clara County Transportation Authority versus Guardino (1995) case; 2) direct staff to send endorsement letters to Senator Kelley, Senator O'Connell, Representative Battin, and Anthony Gonsalves. Motion was seconded by Spiegel and carried by unanimous vote. With Council concurrence, Mayor Snyder recessed the meeting at 6:00 p.m. for dinner and to consider in Closed Session items listed under City Attorney Reports and Remarks. He reconvened the meeting at 7:00 p.m. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Gaugush briefly reviewed the progress of the above interchange projects. XI. CONTINUED BUSINESS A. REOUEST FOR CONSIDERATION OF 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), Continued from the Meeting of February 22, 1996. Mr. Diaz noted the report in the packets. Councilman Crites stated that he had questions about the consistency of the rationale with regard to staff's recommendations for funding and requested a study session prior to the Council meeting of March 28th to sit down and discuss this. Councilman Kelly agreed. Councilman Spiegel moved to continue this matter to the meeting of March 28, 1996. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. CONSIDERATION of Letter from The Pitahaya Street Community Relative to Leaf Blowers. Mr. Diaz noted the report in the packets and stated that Mr. Ramsey was available to answer any questions. Mr. Ramsey stated that staffs feeling was that the use of leaf blowers should continue to be monitored and that the usage should be left as it is. Councilman Crites expressed concern with the research done by Mr. Bob Sandifer and said the CVAG had looked at the PM-10 issue. He said he suspected Mr. Sandifer was dealing with observation research which does not deal with PM-10 because many times it in not visible to the naked eye, and he felt this should be struck as being any kind of conclusive research since it indicated that PM-10 was not increased by leaf blowers. He suggested that staff discuss this issue with the PM-10 Subcommittee at CVAG to see how air borne emissions work. He added that he did not mean this to be at all offensive to Mr. Sandifer. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that the City of Indian Wells was the only city which prohibited leaf blowers, and she said she would like to know what the gardeners charge in Indian Wells as opposed to Palm Desert. She said perhaps the cost would be worth getting rid of the leaf blowers. She added that it was not just the homeowners using leaf blowers, it was also gardeners. Councilman Kelly said he did not think much of this report and felt to talk to just one person and get their opinion, especially when they are in the business of landscaping, was not his idea of a report. He said he maintained his own yard for years and never used a leaf blower. He decided several years ago to hire a gardener, and he said his yard was better when he did it himself than when the gardener used a blower. He said he did not think the report was informative and that he felt a better job could be done of finding out what this is all about. He added that he did not agree that banning leaf blowers would increase the cost of gardening service all that much. Mr. Diaz responded that staff would obtain additional information and would also talk to the Public Works Department relative to City usage of these blowers. He added that staff would come back to the Council in a month with a report. Councilman Kelly moved to continue this matter to the meeting of April 11, 1996. Motion was seconded by Spiegel and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin noted the following items and requested a Closed Session at an appropriate time: Conference with Legal Council - Existing Litigation pursuant to Section 54956.9 (a): 1) City of Palm Desert v. REFCO Capital Corn.. et al, U.S. District Court, Central District of California, Case No. CV 92-7631-RJK. 2) Palm Desert RDA v. Morey. etc.. et al, Riverside Superior Court, Indio Branch, Case No. 85968. 3) Palm Desert RDA v. Swiniuch. etc.. et al, Riverside Superior Court, Indio Branch, Case No. 85969. 4) City of Indio v. Palm Desert Redevelopment Agency and City of Palm Desert, Riverside County Superior Court, Case No. 79129. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 2 C. CITY CLERK Mrs. Gilligan reported that the artwork at the Library courtyard was in and was very impressive. She also noted that in response to Councilman Spiegel's request that letters be sent to applicants for City committees and commissions, the Visitor Center now had eight new volunteers. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Reauest for Consideration of Memorandum from City of San Juan Capistrano Requesting that the City of Palm Desert Oppose "The Mobilehome Fairness and Rental Assistance Act" Initiative Ballot Measure. Councilmember Benson said she had asked that this be put on the Agenda for direction to staff to send a press release to let the general public know that the City Council urges them to vote NO on this ballot measure. Motion was seconded by Crites and carried by unanimous vote. 2. Councilmember Benson stated that Ms. Pam Rutledge, the Desert Sands Unified School District Drug and Alcohol Specialist, was submitting a grant to the State for $200,000. She said this was a renewal of a previous $150,000 grant from the tobacco tax which was used for a program developed in Indio. This one would be for Palm Desert Middle School and Palm Desert High School for students expelled from campus from smoking. Instead of making them stay home, they would be enrolled in a program. She said this would be no financial burden on the City. She asked that the Council direct staff to prepare a letter of support for the Mayor's signature. With Council concurrence, staff was directed to prepare a letter of support for the Mayor's signature. 3. Councilman Crites stated that he had attended the Soroptimist Women of Distinction Awards luncheon and was inspired to see that the City of Palm Desert was not just well represented but was the leader in the valley with recipients Councilmember Jean M. Benson, Director of Community Affairs Sheila Gilligan, and Civic Arts Committee Member Paula Kroonen. He expressed his congratulations to all of the recipients and said he felt the honors were well deserved. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See the individual items for Council discussion and action. XVI. ORAL COMMUNICATIONS - C MR. DAVID DOMNIK, 41-965 Jones Drive, Palm Desert, Sunterrace Development, addressed Council and distributed correspondence relative to concerns about the recent road opening from Cook Street to Washington via Hovley Lane (on file and of record in the City Clerk's Office). He said they had concerns regarding excessive noise and dangerous speeds, the dip sign which they felt was too small, the fact that the dip was always full of water, and the quality of the road with cuts and grooves which cause a lot of noise when heavy trucks and tractor trailers go by. He noted a letter received from Mr. Folkers which indicated that the City was in the process of completing the necessary traffic and safety surveys to determine the appropriate speed limits through this area, and he asked that these studies be very in-depth. He added that they would like to see a reduced and enforced speed limit, helping to increase safety and reduce noise, proper repairs of the cracks in the road for reduced noise, and control of the weight and times of heavy trucks. Mayor Snyder noted that the City was very aware of the problems in this area. Councilman Crites added that the residents could count on the City to look at every one of the issues raised and could also count on the fact that whether it is heavy trucks or whatever, this is the same thing that has happened on every other major City street. Mr. Domnik also expressed concern with sidewalks since the new school on Hovley will be opening within the next year or so, and there are problems with those sidewalks which are not continuous. He expressed concern that the kids would have to keep to crossing the street in order to stay on a sidewalk. Mayor Snyder responded that staff was working on the sidewalks within the City. Mr. Gaugush added that the City would be going out to bid in the near future for that sidewalk. Mr. Diaz stated that staff would look into this matter and come back to the Council in six weeks with a report. Councilman Spiegel stated he would like a timeline when this comes back to the Council so that everyone can look at what the City will be doing. Mr. Diaz responded that this matter would be 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * placed on the Agenda for April 25 and that staff would contact Mr. Domnik so that he can contact his neighbors. Councilmember Benson suggested that the Sheriff's Department be alerted to watch the speed limit out there, and the Council concurred. MR. JACQUE LEFEBRE, 75-707 Easy Street, expressed concern with the truck traffic and said he would like trucks restricted and the speed reduced to 35 or 40 miles per hour with possible a stop sign to slow the traffic down. He also requested that repairs be made to the street. MS. SYLVIA STUART, corner of Hemingway and East Hovley, said her home was diagonally across from Water Way and the drainage ditch. She asked that something be done about the drainage that goes across the street. MR. GREG SAFOYAN expressed concern with the noise. Mr. Gaugush noted that that roadway section was one that the City inherited from the County and that the crack filling was a precursor to the overlay which will be undertaken some time this year. MR. BOB STONICK, 41-965 Hemingway Court, expressed concern with the Coachella Valley Water District traffic and felt it should be rerouted. He felt there was real safety issue just in turning left from Hovley onto Hemingway or Carlotta which causes accidents. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS TO THE PALM DESERT POLICE ADVISORY COMMITTEE (Continued from the Meeting of February 22, 1996). Mrs. Gilligan stated that she had discussed this with Subcommittee Members Benson and Crites who would provide her with a list of individuals to interview. She asked for Council direction as to when to schedule these interviews. With Council concurrence, this matter was continued to the meeting of April 11, 1996. B. PROCLAMATION DECLARING THE MONTH OF MARCH AS "AMERICAN RED CROSS MEMBERSHIP ENROLLMENT MONTH" IN THE CITY OF PALM DESERT. Councilman Spiegel read the proclamation and presented it to Mr. Robert P. Deao of the American Red Cross. C. PROCLAMATION DECLARING SATURDAY, MARCH 16, 1996, AS "JOHN RICHEN DAY" IN THE CITY OF PALM DESERT. Mayor Snyder read the proclamation and presented it to Mr. Richen. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI I. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF AMENDMENTS TO THE SIGN ORDINANCE AS IT RELATES TO MINI -BANK BRANCHES LOCATED IN SUPERMARKETS AND OTHER NON -BRANCH LOCATIONS AND AS IT RELATES TO SIGNS HAVING MORE THAN THREE (3) COLORS, Case No. ZOA 95-3. Mr. Drell reviewed the staff report and recommendation. Upon question by Councilman Crites relative to meeting the law with respect to Federal trademarks, Mr. Drell responded that if Council wished, Item 2 on Page 2 of the staff report would only apply to Federally trademarked signs. Council concurred. Mayor Snyder declared the public hearing pen and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 224 to second reading, amended to reflect that Item 2 on Page 2 of the staff report would apply only to federally trademarked signs. Motion was seconded by Crites and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Spiegel, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 8:00 p.m. to Closed Session to continue early discussions. He reconvened the meeting at 9:00 p.m. and immediately adjourned with no action announced. (4A4-66-`,9ae4,(,e, WALTER H. SNYDER, MAYoR ATTEST: gAeit./ -SHEEILA R. GILLIGAN, DIRECT OF COMMUNITY AFFAIRS CITY OF PALM DESERT, CALIFORNIA 15